Terms of service
General Terms and Conditions
Table of contents:
Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article
1 - Definities
2 - Identity of the entrepreneur
3 - Applicability
4 - The offer
5 - The Agreement
6 - Right of withdrawal
7 - Costs in case of withdrawal
8-Exclusion of the right of withdrawal
9 - The price
10-Conformity and guarantee
11 - Delivery and execution
12 - Duration transactions: duration, cancellation and renewal 13 - Payment
14 - Complaints procedure
15 - Disputes
16-Additional or derogating provisions
Article 1 - Definities
For the purposes of these conditions:
1. Thinking Time : The period within which the consumer can exercise his right of withdrawal;
Consumer : The natural person who does not act in the exercise of a profession or business and a
Enter into a remote agreement with the entrepreneur;
Day : Calendar day;
Endurance Transaction : A remote agreement relating to a series of products and/or
Services whose delivery and/or purchase obligation is staggered over time;
Sustainable data carrier : Any means that enables the consumer or entrepreneur to
Information addressed to him personally, to be stored in a way that future
Allows consultation and unaltered reproduction of the stored information.
Right of withdrawal : The possibility for the consumer to refrain from the
Model Form : The model withdrawal form provided by the entrepreneur which
A consumer can fill in when he wishes to exercise his right of withdrawal.
Entrepreneur : The natural or legal person providing remote products and/or services
Distance Agreement : An agreement whereby in the context of an entrepreneur
Organised system for remote sales of products and/or services, until and with the conclusion of the agreement, use only one or more remote communication techniques;
Technique for remote communication : Means that can be used to conclude an agreement, without the consumer and entrepreneur concurrently converging in the same space.
General Terms and Conditions : The present General Terms and Conditions of the entrepreneur.
Article 2-Identity of the entrepreneur
A.G. Bellstraat 53c/09
7903 AD Hoogeveen
These general terms and conditions apply to any offer of the entrepreneur and to any concluded remote agreement and orders between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible,
Before the remote contract is concluded, it is indicated that the general terms and conditions are available to the entrepreneur and they are sent free of charge at the request of the consumer.
If the remote agreement is concluded electronically, by way of derogation from the previous paragraph and before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer electronically in such a way as to be easily stored by the consumer on a sustainable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favorable to him.
If all or more provisions in these general terms and conditions are void or are annulled in whole or in part at any time, the agreement and these conditions will remain in effect for the rest and the relevant provision will be replaced by mutual agreement without delay by a provision that the tenor of the original. approached as much as possible.
Situations not governed by these Terms and Conditions should be assessed 'in the mind' of these Terms and Conditions.
Unclarity about the explanation or content of any or more provisions of our terms and conditions should be interpreted 'in the mind' of these general terms and conditions.
Article 4-The offer
If an offer has a limited period of validity or is made under certain conditions, this is explicitly stated in the offer.
The offer is non-committal. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products offered
And/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All of the images, specs of data in the offer are indicative and cannot prompt damages or dissolution of the agreement.
Images with products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. In particular, this concerns:
O the price including taxes;
o any shipping costs;
O the way in which the agreement will be concluded and what actions will be required
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement;
O the time limit for acceptance of the offer, or the time limit within which the
Entrepreneur guarantees the price;
O the level of the tariff for remote communication if the cost of use
Of the remote communication technique are calculated on a different basis
Than the regular basic rate for the means of communication used;
O whether the agreement is archived after its conclusion, and if so how it
Can be consulted for the consumer;
O the way in which, before the conclusion of the agreement, the consumer in the
Data provided under the agreement may be verified and if desired
O any other languages in which, in addition to Dutch, the Agreement may become
O the codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically; and
O the minimum duration of the remote agreement in the case of a duration transaction.
Article 5-The Agreement
Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall without delay acknowledge receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to safeguard the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can inform-within legal frameworks-whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the contract at a distance. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
In the case of the product or service, the entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a sustainable data carrier:
A. the visit address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
C. the information on guarantees and existing service after purchase;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
E. the requirements for termination of the agreement if the agreement has a duration of more than one year or an indefinite period.
In the case of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Herroepings right
On delivery of products:
When purchasing products, the consumer has the opportunity to dissolve the agreement for 14 days without stating reasons. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will carefully handle the product and packaging. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make the notification via the registration of the product/products via the website under 'shipping & returns'. After the consumer has made it known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.
On delivery of services:
In the event of delivery of services, the consumer has the opportunity to dissolve the agreement without stating reasons for at least 14 days, starting from the day of the conclusion of the agreement.
In order to exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur when offering and/or at the latest on delivery.
Article 7-Costs in the event of withdrawal
If the consumer makes use of his right of withdrawal, a maximum of the costs of the return shall be incurred.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 8-Exclusion of the right of withdrawal
The economic operator may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
E. whose price is tied to fluctuations in the financial market in which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
H. for hygienic products whose seals the consumer has broken.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9-The price
During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur has no influence on with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only allowed if they are the result of legal arrangements or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has negotiated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10-Conformity and Guarantee
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not diminish the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
O The consumer has repaired and/or processed the delivered products himself or by
Has had third parties repaired and/or edited;
O The delivered products have been exposed to abnormal conditions or otherwise
Being treated carelessly or contrary to the directions of the entrepreneur
And/or treated on the packaging;
O The failure in whole or in part is the result of regulations that the
Government has stated or will state with regard to the nature or quality of the materials used.
Article 11-Delivery and implementation
The entrepreneur will observe the utmost care when receiving and executing orders of products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is mentioned in paragraph 4 of this Article, the company will
Accept orders with competent speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and disclosed to the entrepreneur, unless otherwise explicitly agreed.
Article 12-Endurance transactions: duration, termination and extension
The consumer may cancel an agreement that has been entered into for an indefinite period of time and which serves the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
The consumer can cancel an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the certain period, taking into account agreed termination rules and a notice period of no more than one month.
The consumer may:
O cancel at all times and not be limited to termination at a specific time or in
A certain period;
o at least cancel in the same way as they entered into by him;
O always cancel with the same notice period as the entrepreneur has for himself
An agreement that has been entered into for a fixed period and that applies to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a certain period.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months, If the consumer can cancel this extended agreement by the end of the extension with a notice period not exceeding one month.
An agreement entered into for a fixed period of time, which extends to the regular delivery of products or services, It may be extended for an indefinite period only if the consumer is allowed to cancel at any time with a notice period of no more than one month and a notice period not exceeding three months in the event that the contract extends to the arranged, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration to the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically after the trial or familiarization period.
5. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 - Betaling
Insofar as otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided or mentioned to the entrepreneur without delay.
In the event of consumer default, the entrepreneur has the right to charge the reasonable costs previously disclosed to the consumer, subject to legal restrictions.
Article 14-Clause rules
The entrepreneur has a sufficiently publicized complaint procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be submitted in full and clearly defined to the entrepreneur within 7 days, after the consumer has found the defects.
Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is open to the dispute settlement.
In case of complaints, a consumer must first of all turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), This one will mediate for free. If a solution is not yet reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and consumer agree to this binding decision. http://ec.europa.eu/odr ).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur in writing Indicates otherwise.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will go to her Choice whether to replace or repair the delivered products free of charge.
Article 15 - Geschillen
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.
The Vienna Purchase Treaty does not apply.
Article 16-Additional or derogating provisions
Any provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.